PARLIAMENT

Intellectual Property Act: 'To safeguard rights of artistes'

Sandasen MARASINGHE and Disna MUDALIGE

Deputy Speaker Chandima Weerakkody presided when Parliament met at 1.00 p.m. yesterday.

After the presentation of papers and oral questions, the House took up the Regulations under the Intellectual Property Act and Regulations under the Animal Act for debate.

Culture and Arts Minister T.B. Ekanayake:

I present the regulations under the Intellectual Property Act. These regulations are presented to ensure the intellectual property rights of artists, novelists, singers and others who have been involved in various fields related to art.

These regulations will also provide new laws concerning the Intellectual Property Rights.

The payment of royalty will be made essential under these regulations.

A.H.M. Azwer takes the Chair.

T.B. Ekanayake (Continues):

This will strengthen the economy of artists while encouraging them to produce more and more cultural creations. Some of the artists in the country have grown old, while some were suffering from various illnesses.

Therefore, these regulations would be a relief to them. We present these regulations today to fulfil Ministry's responsibility to look after the artistes of the country.

Jayantha Ketagoda (DNA):

It is of much importance to present regulations to provide protection for the intellectual property rights of the artistes. This would be a valuable addition to their work. We should admire the novel innovations created by our artistes.

While some media channels made a good profit by playing popular songs, the respective artistes receive nothing for their valuable contribution.

Malini Fonseka (UPFA):

Intellectual Property Acts were operative in many developed countries. This Act provides the facility for artistes to secure their rights for their creative productions.

Most of the senior singers and composers are not compensated for their contributions which are being telecast and broadcast by media channels.

According to new regulations, a radio channel should pay a sum of Rs 3 per song that is aired through the channel. In the same manner, a TV channel should pay a sum of Rs 10. This move would also act as a pension scheme for artistes.

Thilanga Sumathipala (UPFA):

This move is for the benefit of thousands of artistes in the country. These artistes have faced much injustices over the past years for exploitation of their creative work by the media. This would also control the unpermitted use of artistic productions by the media and commercial world.

This initiative would safeguard local artistes and their creations, which would also be an incentive to them. Our senior artistes such as Sunil Ariyaratne and Rohana Weerasinghe have already sought legal help in order to preserve their intellectual property rights.

However, some artistes do not have an economic background even to seek legal help to safeguard their rights by voicing out the injustices done to them. Therefore, this is a massive step taken by the President towards the protection of art and the culture.

J.R.P. Sooriyapperuma (UPFA):

Malini Fonseka MP spoke on behalf of the artist community of the country. During the past, there was a time the display of the national flag had been banned. The country experienced a revival thereafter, not because of the university community or those who live in Colombo, but because of the village school principals. When we were schooling, an hour had been separated for the creation of poems. We were forced to create poems of our own. This helped us to improve our aesthetic skills.

Sunil Handunnetti (DNA):

We have to admit that the Ministry legal system had been unable to provide the required protection for the intellectual property rights of our artistes.

Eventhough there were laws and regulations, these were not pragmatic with the advancement of modern technology, including IT. Today the government has established flying squads in many fields. Why cannot the government establish a flying squad under the Intellectual Property Bureau to raid illegal activities related to the intellectual property rights?

J.R.P. Sooriyapperuma takes the Chair.

A.H.M. Azwer (UPFA):

Under Minister Ekanayake, culture and art were experiencing a great revival.

I believe that a 'Tower Hall era' would be ushered once again shortly. We are grateful to the Minister's enormous efforts. New theatres with fully fledged facilities were being constructed with the blessings of the President.

Industry and Commerce Deputy Minister Jayarathna Herath:

Over a time, many problems have been prevailing about the payment of royalty. The need to enact regulations had been felt seriously due to the exploitation of art productions by media channels continuously.

Eventhough there were legal provisions, these provisions were not implemented pragmatically.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair.

The regulations have been imposed concerning the minimum value that should be paid. This would be further increased with time.

Social Services Minister Felix Perera:

In foreign countries, there were stringent laws to protect the intellectual property rights of new innovations.

Eventhough Sri Lanka possesses such laws, they were not strict enough.

There were so many meaningful and appreciable songs in Sinhala. These artistes are immortal and their value immeasurable. These artistes could do a lot towards the mental well-being of the people. Music is considered as the newest therapy for stress relaxation and mental depression.

Regulations under the Intellectual Property Act were approved.

Livestock and Rural Community Development Minister H.R. Mithrapala:

I present regulations under the Animal Act. These regulations come under a vast area including animal slaughter, transportation, feeding and breeding. The said Act had undergone three amendments previously. However, no amendment was made during the recent past, to cater to the present demands and requirements.

I would like to say that a new animal identification system has been in place, with the use of tagging. The convensional branding system was out of date now. I believe that the regulations brought today would contribute for the development of our livestock industry.

Anura Dissanayake (DNA):

We have no objection with regard to these regulations and we admit that they are important. There is no argument that we have to protect our animal resources.

However, there are several issues related to the breeding of animals and related to livestock. This animal density cannot be increased as we set up new industries.

It should be done after serious thought and study. Animal density should be increased to develop our livestock industry and these animals should be upto the required quality.

Shantha Bandara takes the Chair

Dr Rohana Pushpakumara (UPFA): As guaranteed by our government, the rights of the people of this country had been won by defeating terrorism. this Act is a measure to guarantee the rights of animals in this country, moved during this period of Sri Sambuddhathva Jayanthi.

Although there were regulations, cattle are being transported in a torturous manner. Even animals that are to be butchered should not be done in public. But we often see roosters and cattle tied up and kept by the roads which is sickening. When we consider the dog population in the country, it was almost one-eighths of our population which has become a menace to the country.

P Anyanethiran (TNA): In the Batticaloa District due to the human-elephant conflict, the people were unable to engage in the livestock industry. On the other hand, cattle meet with road accidents and are killed in our district which is a regular occurrence.

A H M Azwer (UPFA): I am certain the members of this august assembly would support this move. MP Anura Kumara Dissanayake said cattle population should be increased for development. But during the JVP insurgency they reduced the animal population by killing and consuming them. Therefore, the LTTE followed suit in Chenkaladi in the Eastern Province and other areas.

During those periods, people lived in fear. Now, the rights of both animals and people has been guaranteed.

The House adjourned until 1 pm today.

'Triforces personnel entitled to pension benefits'

Sandasen MARASINGHE and Disna MUDALIGE

Public Administration and Home Affairs Minister W D J Seneviratne, yesterday stated in Parliament that the personal attached to the Triforces would be entitled to full pension benefits.

He also stated that the decision was reached by the Government to evaluate their services rendered to the country and the territorial integrity of the nation.

Minister Seneviratne further stated that those who had retired before May 19, 2009, after 22 years service, were entitled to full pension benefits only if they had completed at least 5 years service in operational areas. He added that most of them had worked more than 20 years.

The Minister was responding to a statement made by JVP MP Anura Kumara Dissanayake, under provision of standing order 23-2.

Minister Seneviratne also said that almost 100 percent of Navy and Air Force personnel who had retired from service before May 19, 2009, were entitled to this benefit, adding that the operational areas would be defined by the respective commanders. He said that certificates issued by the Pensions division of the Triforces to the effect that a serviceman had completed 5 years service in operational areas, would be sufficient for the serviceman to be entitled for full pension benefits.

Minister Seneviratne stated that only those who had retired before May 19, 2009 and had not completed at least a 5 years service in operational areas, would not be entitled for this benefit. This measure of paying 85 percent of the salary as pension was taken in addition to other reliefs given to them.

The Minister further stated that the decision had been reached by the Cabinet on December 24, 2009.

JVP MP Anura Kumara Dissanayake, stated that there was a problem in the way how the pension was calculated for the payment of their full pension.

Facilities given to schools will not be reduced

Sandasen MARASINGHE and Disna MUDALIGE

Education Minister Bandula Gunawardena, stated in Parliament yesterday that the facilities given to schools that were not selected for the secondary schools development programme, would not be reduced in any way. He said that at least three schools in each Divisional Secretariat would be developed under this secondary schools development programme.

He made this observation further to his statement he made on the previous day (Wednesday).

Minister Bandula Gunawardena further explained that the 238 secondary schools functioning since the Kannangara period, were also included in this programme. He said that those schools did not conduct classes from Grade 1 to Grade 5.

He further stated that another 858 schools were scheduled to close down the primary sections to develop the 1,000 Secondary Schools Development programme. He added that if those schools that were selected were to make a written request against the closure, some other schools would be selected under the Secondary Schools Development programme, which decision would be notified to the Cabinet.

The Minister also added that those schools would be selected to develop with the approval of the Old Students' Association of those schools, adding that students to such schools have not been admitted to Grade one for year 2012. The Minister also said that the primary sections would be removed gradually from those schools.

At Adjournment

Sandasen MARASINGHE and Disna MUDALIGE

Fisheries Industries Minister Dr. Rajitha Senaratne: Stated that he had taken measures to double the fishing harvest in 2013, to increase the fish consumption per persons from 11.4 kg to 22 kg to reduce the malnutrition to zero in Sri Lanka.

Making this observation in Parliament, he said that action had been taken to reach this target under the directions of President Mahinda Rajapaksa and support of Economic Development Minister Basil Rajapaksa.

He also said the Fisheries Industries Ministry had established fisheries sanctuaries and breeding areas where fishing was banned to develop the fishing industry. He added that with reference to the fresh water fish industry, more than 40 million fingerlings could be hatched in hatcheries during this year.

Victor Anthony (UPFA): If the fisheries industry was conducted in an organized manner, the country could be made self-sufficient in fish.

A.H.M. Azwer takes the Chair.

The use of banned nets in fishing, would have destroyed the breading places of fish.

The destruction of mangroves was also another reason to affect the fish industry.

Sarath Chandrasiri Muthukumara (UPFA): Minister Rajitha Senaratne had taken measures to eliminate the mafia in the fish market.

Shantha Bandara (UPFA): There is a major role to be played by the Fisheries Ministry to provide proteins to the youth in the country.

Fisheries and Aquatic Resources Development Minister Rajitha Senaratne: I am thankful for presenting this adjournment motion today. One of the measures we have taken for the boost of the fisheries industry is the banning of harmful methods of fishing, such as the use of dynamite. I have eliminated use of dynamite from Beruwala.

We have been able to control the catching of small fish which were very young. Now the fishermen are thankful to our ministry for being able to catch grown fish.

I have also eliminated the use of 'thangus' nets to catch fish.

The laws regarding these irregularities were already there. But were not operative. I enforced them pragmatically.

I also initiated the establishment of fish sanctuaries. In these sanctuaries, fishing was illegal.

Prawn cultivation had been affected due to disease called 'Sudu Pulli'.

There was no mechanism to supervise prawn cultivation. To rectify this, we established a special unit to supervise prawn cultivation.

Milk Fish will be introduced as an alternative variety in the near future. In Batticaloa, we have decided to establish a reproduction centre which extends to about 2,820 hectares. We have already obtained the approval for this.

We have gazatted the 'Fisheries Management Lagoons' at different places throughout the island.

One fourth of the "Divi Neguma" project would be incorporated with Fisheries Industry. The total number of beneficiaries in the fisheries sector under "Divi Neguma' project amounts to 7,057.

Our plan is to increase fish consumption of an individual to 22kg by 2013. This amount is 11.4kg now. This is the weapon to combat malnutrition in the country. Therefore we hope to create a child population free of malnutrition by 2013.

The North is very important for our sector. We expect to obtain 50 percent of the fish production from the North.

We have also attempted to improve deep sea fishing. I am making an enormous effort to develop the fisheries industry and solicit your help in this endeavour.